SALMAN ALIAS SAMMA vs STATE OF NCT OF DELHI

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 17.01.2025 + BAIL APPLN. 2800/2024 SALMAN ALIAS SAMMA .....Petitioner Through: Mr. Rajesh Pandey and Mr. Gaurav Bidhuri, Advocates versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Manoj Pant, APP for the State with SI Ramavtar, P.S. Hauz Khas CORAM: HON'BLE MS. JUSTICE SWARANA KANTA SHARMA JUDGMENT SWARANA KANTA SHARMA, J. 1. The present application under Section 439 of the Code of Criminal Procedure, 1973 has been filed on behalf of the applicant seeking grant of bail in case bearing FIR No. 08/2016 for offence punishable under Section 302/34 of Indian Penal Code, 1860, registered at Police Station Hauz Khas, New Delhi. 2. The brief facts of the present case are that the FIR was registered on 02.01.2016, following an incident in which under-trial prisoners, being transported back to Tihar Jail from Saket Court Complex in a jail van, began fighting with each other. Head Signature Not Verified Digitally Signed BAIL APPLN 2800/2024 Page 1 of 6 By:AANCHAL TAGGAR Signing Date:21.01.2025 14:03:31 Constable Gulab Singh, who was posted with the 3rd Battalion, registered the complaint. He was assigned the duty of transporting the under-trial prisoners along with Constable Chhote Lal, Constable Mohan Lal, Constable Sawan, and Constable Bhanu Pratap. A total of 53 under-trial prisoners were in the van, comprising 46 ordinary under-trial prisoners and 4 younger prisoners aged 18-21. The young prisoners were locked in the inner compartment of the van, while the remaining prisoners were in a separate compartment, both compartments secured by Constable Sawan, who kept the key and sat in the driver's cabin with Constable Mohan Lal and the driver. The other two constables sat at the back of the cabin. At abo